I am not entitled to any benefit, please help

willywombatlover

I have a major problem. I have been suffering from the affects of a pro-lapsed disc in my neck (herniated disc). Briefly speaking it is when a disc (in my case there are 2 discs, between vertebrae C5 & C6) bulges out of shape (cause unknown, but probably premature disc deterioration) and presses into the spinal canal (the fluid filled tunnel which houses the spinal cord) and pinches/impinges nerves (in my case the brachial nerve system which branch out from the top of the spinal cord and stretch across the neck and shoulders). The result of this pinching causes intense pain and discomfort in the neck, shoulders and down the arms and into the hand. Numbness and tingling are also felt in the hands and arms. My biggest problem is that when I lay in bed I cannot get comfortable as it seems to make the discs press more so onto the nerves. I sleep very little because of this. I take medication but it does not help as they seem only to be affective on muscular pain. Nerve pain is a different pain altogether. Owing to this lack of sleep at night, the next day (every day) I am extremely fatigued, often dozing throughout the day. I also suffer very badly from depression, which I imagine is due to the constant pain, lack of sleep, and general poor quality of life. I have had a capability of work assessment in June 2009, which resulted in the DWP deciding I was fit to work despite having the above symptoms. I appealed, then appealed again, then attended a tribunal (which was supposed to be neutral but I did not get this impression as I was asked lots of questions but not really given the opportunity to talk) where a judge (solicitor) and a doctor asked me lots of questions. I told them that I had not slept at all the night before and they commented that I did not look this was the case. They were not acting in a neutral or unbias manor, but more as a prosecutor especially as the ESA representative had chosen not to attend. The result of the tribunal was that they thought that I was capable of working. I asked for a statement of reasons immediately but I have been waiting one month or more and they have not sent anything. I cannot appeal again until I have received the statement of reasons, as I will not know what their reasons are for their decisions. They discontinued my ESA benefit from the 29th January. My wife, my baby and myself have been without income since this date. I was advised to make a claim for jobseekers allowance. I called the JSA department but they said I was not capable of making a claim for JSA as I had active doctors sick notes stating that I was incapable of working. I contacted the ESA again and told them of my predicament. They advised me that I should make a new claim for ESA and that that would be possible if they received a letter from my doctor stating that my health had significantly deteriated. My wife wrote to my doctor explaining out situation and need for a letter of this kind. As my depression was getting worse (my doctor had increased my medication in between the last assessment and the writng date of this letter) and my pain was getting intollerable so my doctor arranged for me to go to a pain management clinic. My doctor wrote a letter for me explaining how she couldn't understand why it was I was considered capable of work especially in relation to my depression and deteriorating health. I sent this letter to the ESA with a doctors sick note for the present month and made a new claim on the telephone to coincide with them receiving the letter and note. The ESA wrote back on saturday 20th February (yesterday) saying they have decided not to pay me benefit regarding my new claim. They say that they have based their decision on the fact that my incapacity has not changed or significantly worsened since my last claim, and I was considered capable to work during this period. As a result I am not entitled to ESA benefit.
What the hell am I supposed to do now? I am stuck with no money and with no means to receive benefit. Who can I turn to for help? Who will help me? I phoned my MP today but was met by an answer machine. I left a brief message with my contact details. The Citizens Advice Bureaux are not willing to help any more either.
I would appreciate any help as we are in a pretty desperate situation.

Will.

McKneff

Your post is extremely difficult to read,

Can yu eidt it and put some paragraphs in please

dmg24

Can your wife not work?

custardy

why is he not married?

TOBRUK

Your post is extremely hard to read or understand. Why are CAB unwilling to help further? Also I think you say that your meds only help with muscle pain, why then doesn't your GP or Pain Clinic prescribe medication for nerve pain? I take medication for both muscle pain and nerve pain.

Is your wife unable to work because she is on maternity? How old is the baby?

jennypdolphin

I'm sorry but I just couldnt read this. after a long day on the road my tired eyes just couldnt manage.

Please repost and use paragraphs as then more people may be willing/able to help.

bestpud

willywombatlover wrote: »

I have a major problem.

I have been suffering from the affects of a pro-lapsed disc in my neck (herniated disc).

Briefly speaking it is when a disc (in my case there are 2 discs, between vertebrae C5 & C6) bulges out of shape (cause unknown, but probably premature disc deterioration) and presses into the spinal canal (the fluid filled tunnel which houses the spinal cord) and pinches/impinges nerves (in my case the brachial nerve system which branch out from the top of the spinal cord and stretch across the neck and shoulders).

The result of this pinching causes intense pain and discomfort in the neck, shoulders and down the arms and into the hand. Numbness and tingling are also felt in the hands and arms.

My biggest problem is that when I lay in bed I cannot get comfortable as it seems to make the discs press more so onto the nerves. I sleep very little because of this.

I take medication but it does not help as they seem only to be affective on muscular pain. Nerve pain is a different pain altogether.

Owing to this lack of sleep at night, the next day (every day) I am extremely fatigued, often dozing throughout the day.

I also suffer very badly from depression, which I imagine is due to the constant pain, lack of sleep, and general poor quality of life.

I have had a capability of work assessment in June 2009, which resulted in the DWP deciding I was fit to work despite having the above symptoms.

I appealed, then appealed again, then attended a tribunal (which was supposed to be neutral but I did not get this impression as I was asked lots of questions but not really given the opportunity to talk) where a judge (solicitor) and a doctor asked me lots of questions. I told them that I had not slept at all the night before and they commented that I did not look this was the case.

They were not acting in a neutral or unbias manor, but more as a prosecutor especially as the ESA representative had chosen not to attend. Is this just a suspicion, or do you have some evidence of this?

The result of the tribunal was that they thought that I was capable of working.

I asked for a statement of reasons immediately but I have been waiting one month or more and they have not sent anything.

I cannot appeal again until I have received the statement of reasons, as I will not know what their reasons are for their decisions.

They discontinued my ESA benefit from the 29th January.

My wife, my baby and myself have been without income since this date. No income at all?

I was advised to make a claim for jobseekers allowance. I called the JSA department but they said I was not capable of making a claim for JSA as I had active doctors sick notes stating that I was incapable of working.

I contacted the ESA again and told them of my predicament. They advised me that I should make a new claim for ESA and that that would be possible if they received a letter from my doctor stating that my health had significantly deteriated.

My wife wrote to my doctor explaining out situation and need for a letter of this kind.

As my depression was getting worse (my doctor had increased my medication in between the last assessment and the writng date of this letter) and my pain was getting intollerable so my doctor arranged for me to go to a pain management clinic. Have you been yet, and if so, did they suggest anything?

My doctor wrote a letter for me explaining how she couldn't understand why it was I was considered capable of work especially in relation to my depression and deteriorating health.

I sent this letter to the ESA with a doctors sick note for the present month and made a new claim on the telephone to coincide with them receiving the letter and note.

The ESA wrote back on saturday 20th February (yesterday) saying they have decided not to pay me benefit regarding my new claim. They say that they have based their decision on the fact that my incapacity has not changed or significantly worsened since my last claim, and I was considered capable to work during this period. As a result I am not entitled to ESA benefit.

What the hell am I supposed to do now? I am stuck with no money and with no means to receive benefit. Child tax credit? Child Benefit?

Who can I turn to for help? Who will help me?

I phoned my MP today but was met by an answer machine. I left a brief message with my contact details. Do they hold local surgeries?

The Citizens Advice Bureaux are not willing to help any more either. Why?

I would appreciate any help as we are in a pretty desperate situation.

Will.

And can your wife work, as others have asked?

Also, do you claim help with housing?

dmg24

custardy wrote: »

why is he not married?

liam9 is our new resident troll.

willywombatlover

Thank you for your replies. My wife looks after our little girl whose 3 years old. She also looks after me as I'm pretty useless really. She also cares for her sick mother. I am not able to look after our little girl, I just do not have the energy levels required for such a task. My thread above is merely a brief description, I have missed much out as not to clog up the forum. I apologise that it has not been broken up into paragraphs, the spelling and grammar are ok though so I can't see what all the fuss is about really. I've come on here as a last resort, it is help I need not advice on how/ho not to write paragraphs.

The CAB, agreed to an interview, but they were not prepared to come with me to the Tribunal. I called dozens of solicitors for legal representation but none of them were prepared to go against the establishment.

Regarding the medication, I've tried most forms and now take Amyltriptaline, DF's, Anti Acids. But, I don't feel that they really make any difference at all.

Has anyone got any constructive advice please?

dmg24

We cannot help you if we cannot understand you. McKneff was trying to help you get more responses.

lynzpower

Considering this man has intolerable pain shooting down his arms, I find it absolutely disgusting that posters on here moan about the need for paragraphs.

Where do you all get off. I found it perfectly easy to read, and it makes good sense.

I hope you find the advice you need Willy.